Plans to clamp down on illegal file sharing in the UK have been thrown into uncertainty after British telcos BT and TalkTalk won their right for a judicial review of the Digital Economy Act.
A court hearing is expected in February next year to decide…
Plans to clamp down on illegal file sharing in the UK have been thrown into uncertainty after British telcos BT and TalkTalk won their right for a judicial review of the Digital Economy Act.
A court hearing is expected in February next year to decide whether proposals in the Act, which received Royal Assent in April, infringe the basic rights and freedoms of internet users.
A spokeswoman for TalkTalk accused the previous Labour government of rushing through the Act in its last few days of power, with “only 6% of MPs attending the brief debate” on the legislation.
She said: “The provisions to try to reduce illegal file-sharing are unfair, won’t work and will potentially result in millions of innocent customers who have broken no law suffering and having their privacy invaded.
“We look forward to the hearing to properly assess whether the Act is legal and justifiable and so ensure that all parties have certainty on the law before proceeding.”
In ruling that the telcos had grounds for a judicial review of the Act, Mr Justice Wyn Williams reportedly questioned whether the government gave the European Commission enough notice to sufficiently scrutinise the measures.
A spokesperson for the Department of Business, Innovation and Skills (BIS), commented: “The government believes the Digital Economy Act is consistent with EU legislation and contains sufficient safeguards to protect the rights of consumers and Internet Service Providers.
“The Digital Economy Act sets out to protect our creative economy from the threat of online copyright infringement, which industry estimates costs them £400m a year.”
